Category Archives: FantinoGate

McGuinty shows contempt for judge’s decision in Fantino charge


First ‘Two Tier Justice,’ now ‘Two Tier Criminal Codes’?

The Toronto Star is reporting today that when Ontario Premier McGuinty was asked if Julian Fantino will step down now that he is charged with influencing municipal officials he said he will not. The Premier also downplayed the charge against Fantino by misleading the public into believing that the charge is somehow legally insignificant or lesser of a charge because it was filed by McHale through the private prosecution provisions of the Criminal Code:

McGuinty downplayed the allegations, saying he didn’t think Fantino should take a leave from his duties while the case progresses. “My understanding is that it’s a private information being put forward by a private citizen, it’s going to work its way through the courts and I’ll try to all that to take its normal course,” McGuinty said.

Toronto Star, Jan 12/10: No need for Fantino to step aside, McGuinty says [PDF, REPRINT]

Premier of Ontario shows contempt for Superior Court decision

The premier is deliberately misleading the public about the nature of the charge against Fantino and, in the process, is showing extraordinary contempt for the decision of a Superior Court judge who reviewed the evidence; rejected the government’s arguments and issued process for a charge that – according to an Osgoode Hall criminal law professor – “is no different than if filed by police,” according to a story published just today in the National Post which also points out the conflict of interest on the part of the government:

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Law professor: gov’t should appoint outside prosecutor for Fantino charge


There were some important developments in the McHale criminal charge against Fantino:

  • McGuinty will NOT ask Fantino to step down.
  • The Attorney General has intervened to take over the case and to fast-track the hearing. Instead of the Feb 3rd date contained in the summons issued by the judge, the hearing will now take place this Friday, Jan 15/09  at 0900 at the Cayuga Courthouse, 55 Munsee Street, Cayuga (Haldimand).  [MAP].
  • Since it now appears that the AG is planning to stay the charges, Gary McHale has issued a CANACE news release warning the media about these developments, and the top legal reporter for the National Post has published a story quoting the opinion of Osgoode hall criminal law professor James Stribopolous who says the government should appoint an outside prosecutor due to the serious conflict of interests caused when the Crown opposed McHale in court. He also warns the government against staying the charge. He says that dropping the charge would create a very “unfortunate impression that Fantino received special dispensation.”
  • McHale also sent a letter yesterday to the AG asking them to confirm whether or not they plan to stay the charge.

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Christie Blatchford ends Fantino’s propaganda war vs. McHale

On Jan 08/10 the Globe & Mail’s Christie Blatchford effectively cleared CANACE co-founder Gary McHale’s name  and vindicated all who stood by him in the face of Fantino’s attempts to target him for arrest and smear him with false allegations of inciting violence and injuring police officers: 

As for Mr. McHale, despite Mr. Fantino’s clear efforts, as documented in emails and court transcripts, to “take him out” – that is, have him charged with something, anything – the only crime the OPP has charged him with is the novel “counselling mischief not committed. A date for the resumption of the preliminary hearing on that charge [against Fantino] has yet to be set. Mr. McHale, as he almost always does, will represent himself – a portly, bespectacled fellow who is nonetheless proving a spirited and sharp combatant.

Globe & Mail, Christie Blatchford, Jan 08/10: ‘Activist a nagging thorn in Fantino’s side‘ [PDFREPRINT

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I gotta feeling today’s gonna be a good day!

2inch_voc_logo-url.jpgUPDATED Jan 07/10 

 ‘Joy rising.’ That’s how I’ve been feeling lately (I’ll explain why below) and that’s how one of the 20,000 participants in this incredible, mindblowing, flashmob dance described his experience in surprising – and delighting – Oprah Winfrey as part of her 24th season kick off party held Sept 08/09  on Michigan Avenue in Chicago.   

The video below captures some of the feelings I’ve been having during the past few weeks thanks to the incredible developments in the struggle against race-based policing.    

 Black Eyed Peas, Oprah feeling/I Gotta Feeling, Sept 08/09, Oprah’s 24th Season Kickoff Party  – ‘the coolest thing EVER!’      

20,000 people suprise Oprah with help from the Black Eyed Peas. Click to visit Oprah's feature page to view video.

They are afraid! 

 If the video of Oprah’s surprise flash mob dance doesn’t warm your heart, maybe this will: Isn’t it nice to know that right now…as you’re reading this…frightened politicians, lawyers, OPP brass and their advisors, spin doctors and consultants are huddled behind closed doors in Orillia and Toronto wondering how it was that their plan to legitimize racial policing went so horribly off the rails, and are now trying to figure out how they can avoid losing their jobs and/or going to jail? Isn’t that a delicious thought?  

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Superior Court grants McHale application for Fantino charge



UPDATE: On Jan 08/10 Justice of the Peace Brown issued a summons [PDF, REPRINT] for Fantino to appear at the Cayuga Courthouse at 1000 on Feb 03/10 to answer the charge of Influencing/Attempting to Influence Muncipal Official. 


On Dec 31/09 Justice Crane of the Superior Court of Ontario granted CANACE Executive Director Gary McHale’s application for an Order of Mandamus to compel a Justice of the Peace to issue process for a Criminal Code charge of ‘Influencing Municipal Official’ against OPP Commissioner Julian Fantino.

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EXPOSED: How the McGuinty gov’t refused to investigate criminal allegations against Fantino


UPDATE March 17/10: Senior OPP officers charged w/Obstructing Justice in McHale case. 

UPDATE 1033 EST June 18/09: Additional court evidence supports  allegations in Part 1 of Fantino complaint:

UPDATE 1031 EST Feb 19/09: as of yesterday, our complaint to the Minister (right) had been downloaded over 5,600 times.

UPDATED 1534 EST Jan 23/09

This article explains how the McGuinty government refused to investigate allegations of criminal conduct by OPP Commissioner Julian Fantino, following which lawyers for the Attorney General of Ontario then used the complaint document in what would prove to be a spectacularly unsuccessful attempt to impugn the motives of CANACE founders during criminal and civil proceedings in unrelated actions.

The consequences of their failure will have far-reaching benefits to us and to the victims of Caledonia. One benefit is that this story can now be told…

Allegations against Commissioner Fantino

On May 30/08 I filed a 71 page complaint on behalf of Gary McHale, Jeff Parkinson and myself with the Minister of Community Safety and Correctional Services Rick Bartolucci asking for an RCMP investigation into the evidence in our possession that we believe supports the laying of 3 Criminal Code charges against OPP Commissioner Julian Fantino:

  • Obstruction of Justice, s.139
  • Influencing Municipal Official, s.123
  • Breach of Trust by Public Officer, s.122

Police Services Act complaint, May 30/08: Vandermaas-McHale-Parkinson v. Fantino

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McHale submits ‘smoking gun’ Fantino email to Hamilton court


UPDATE 1343 EST Nov 08/08: Gary McHale has received another email written by OPP Commissioner Julian Fantino regarding his arrest, this one more shocking and damaging to the OPP than the one described below. See, ‘Crown turns over another ‘smoking gun’ Fantino email to McHale.’

UPDATED 1354 EST Oct 18/08:

Just two days after completing an exhausting election campaign in Haldimand-Norfolk in which he received nearly 5,000 votes from people who support his call to end race-based policing and landclaim lawlessness Gary McHale submitted the ‘smoking gun’ evidence to a Hamilton judge that proves Fantino personally ordered him to be targetted in connection with the Dec 01/07 confrontation at the illegal Caledonia smoke shop that sent McHale to the hospital.

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